7. OK....so....is the right of free speech an absolute, as suggested in "Congress shall make no law ... abridging the freedom of speech,..."
No.
.
FINALLY, she retracts her previous insistence and thus admits she was wrong.
Whew, I should have been a dentist.
I did no such thing, NYLiar.....
From the OP:
OK...here is the problem. An argument can be made that there are certain
acceptable limits....
Oliver Wendell Holmes, Jr. pretty much nailed it with the '
no shouting fire'comment.
If there are "acceptable limits" then there really is no such thing as Free Speech here, so what are you worried about?
And those "acceptable limits" would apply to all other rights then, so, onward.
And, you've helped me prove it.
I have? I'm against nearly all restrictions. Try again.
And as long as you are okay with restrictions, then you really don't support Free Speech at all, just the kind you approve of.
The test for said limitations would
begin with Holmes' argument, and would obviate the totalitarian aims of the Democrats named in the thread.
Democrats are the motivating force behind inordinate, unrequired, unlawful restrictions on free speech.
Proven by the fact that none of you drones have argued in favor of the Democrat examples that I've given.
As shown in the thread, Democrats are all about preventing speech that disagrees with their aspirations.
But Democrat
Holmes found this reason applicable: the life and safety of individuals in that non-burning theatre.
Let's proceed with the exposition:
9. There is an area in which restrictions on speech is well founded,
speech which results in violence against others.
But the Supreme Court has formulated
a test which incorporates this restriction with the eventuality of violence against individuals.
The Brandenburg Test, 1969
"Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law.
The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism."
The court ruled that Ohio law
violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action"
and (2) it is "likely to incite or produce such action."
Brandenburg v. Ohio The Oyez Project at IIT Chicago-Kent College of Law
So the danger could not be in the abstract....it must be a probably conclusion to the speech.
" The three distinct elements of this test (
intent, imminence, and likelihood)..."
Brandenburg v. Ohio - Wikipedia the free encyclopedia
Notice: this is not the
anti-Constitution bias of Democrats, the restrictions that impinge upon political speech, or name calling, or the nonsense called 'hate speech.'